
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC71a]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
CHAPTER 1--PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF 
                                COLUMBIA
 
Sec. 71a. Federal and District planning agencies in National 
        Capital
        

(a)(1) National Capital Planning Commission; creation; central Federal 
        agency; functions; excepted functions

    The National Capital Planning Commission (hereinafter referred to as 
the ``Commission'') is created as the central Federal planning agency 
for the Federal Government in the National Capital, and to preserve the 
important historical and natural features thereof, except with respect 
to the United States Capitol buildings and grounds as defined in 
sections 193a and 193m of this title, and to any extension thereof or 
additions thereto, or to buildings and grounds under the care of the 
Architect of the Capitol.

(2) Mayor of District of Columbia; central local agency; functions; 
        excepted functions; comprehensive plan for District: procedures 
        for citizen participation and consultations with non-Federal 
        agencies

    The Mayor of the District of Columbia (hereinafter referred to as 
the ``Mayor'') shall be the central planning agency for the government 
of the District of Columbia (hereinafter referred to as the 
``District'') in the National Capital. The Mayor shall be responsible 
for coordinating the planning activities of the District government and 
for preparing and implementing the District elements of the 
comprehensive plan for the National Capital, which may include land use 
elements, urban renewal and redevelopment elements, a multiyear program 
of public works for the District, and physical, social, economic, 
transportation, and population elements. The Mayor's planning 
responsibility shall not extend to Federal or international projects and 
developments in the District, as determined by the Commission, or to the 
United States Capitol buildings and grounds as defined in sections 193a 
and 193m of this title, or to any extension thereof or additions 
thereto, or to buildings and grounds under the care of the Architect of 
the Capitol. In carrying out his responsibility under this section, the 
Mayor shall establish procedures for citizen participation in the 
planning process, and for appropriate meaningful consultation with any 
State or local government or planning agency in the National Capital 
region affected by any aspect of a comprehensive plan (including 
amendments thereto) affecting or relating to the District.

(3) Comprehensive plan for District; functions of Mayor and Council 
        respecting impact on Federal Establishment

    The Mayor shall submit each District element of the comprehensive 
plan and any amendment thereto, to the Council for revision or 
modification, and adoption, by act, following public hearings. Following 
adoption and prior to implementation, the Council shall submit each such 
element or amendment to the Commission for review and comment with 
regard to the impact of such element or amendment on the interests or 
functions of the Federal Establishment in the National Capital.

(4) Certifications; incorporation and implementation; Council's action; 
        joint publication of Federal activities elements and District 
        elements; time limitation extension, authority of Council; joint 
        establishment of procedures for consultations throughout 
        planning process

    (A) The Commission shall, within sixty days after receipt of such a 
District element of the comprehensive plan, or amendment thereto, from 
the Council, certify to the Council whether such element or amendment 
has a negative impact on the interests or functions of the Federal 
Establishment in the National Capital. If within such sixty days the 
Commission takes no action with respect to such element or amendment, 
such element or amendment shall be deemed to have no such negative 
impact, and such element or amendment shall be incorporated into the 
comprehensive plan for the National Capital and shall be implemented.
    (B) If the Commission finds, within such sixty days, such negative 
impact, it shall certify its findings and recommendations with respect 
to such negative impact to the Council. Upon receipt of the Commission's 
findings and recommendations, the Council may--
        (i) reject such findings and recommendations and resubmit such 
    element or amendment, in a modified form, to the Commission for 
    reconsideration; or
        (ii) accept such findings and recommendations and modify such 
    element or amendment accordingly.

If the Council accepts such findings and recommendations and modifies 
such element or amendment under clause (ii), the Council shall submit 
such element or amendment to the Commission for it to determine whether 
such modification has been made in accordance with the Commission's 
findings and recommendations. If, within thirty days after receipt of 
the modified element or amendment, the Commission takes no action with 
respect to such element or amendment, it shall be deemed to have been 
modified in accordance with such findings or recommendations, and shall 
be incorporated into the comprehensive plan for the National Capital and 
shall be implemented. If within such thirty days, the Commission again 
determines such element or amendment to have a negative impact on the 
functions or interests of the Federal Establishment in the National 
Capital such element or amendment shall not be implemented.
    (C) If the Council rejects the findings and recommendations of the 
Commission and resubmits a modified element or amendment to it under 
clause (i), the Commission shall, within sixty days after receipt of 
such modified element or amendment from the Council, determine whether 
such modified element or amendment has a negative impact on the 
interests or functions of the Federal Establishment within the National 
Capital. If the Commission finds such negative impact it shall certify 
its findings (in sufficient detail that the Council can understand the 
basis of the objection of the Commission) and recommendations to the 
Council, and such element or amendment shall not be implemented. If the 
Commission takes no action with respect to such modified element or 
amendment within such sixty days, such modified element or amendment 
shall be deemed to have no such negative impact and shall be 
incorporated into the comprehensive plan and it shall be implemented. 
Any element or amendment which the Commission has determined to have a 
negative impact on the Federal Establishment in the National Capital, 
and which is submitted again in a modified form not less than one year 
from the day it was last rejected by the Commission shall be deemed to 
be a new element or amendment for purposes of the review procedure 
specified in this section.
    (D) The Commission and the Mayor shall jointly publish, from time to 
time as appropriate, a comprehensive plan for the National Capital, 
consisting of the elements of the comprehensive plan for the Federal 
activities in the National Capital developed by the Commission, and the 
District elements developed by the Mayor and the Council in accordance 
with the provisions of this section.
    (E) The Council may grant, upon request made to it by the 
Commission, an extension of any time limitation contained in this 
section.
    (F) The Commission and the Mayor shall jointly establish procedures 
for appropriate meaningful continuing consultation throughout the 
planning process for the National Capital.

(b) National Capital Planning Commission; official members; citizen 
        members: qualifications, terms of office, vacancies, 
        compensation

    The National Capital Planning Commission shall be composed of--
        (1) ex officio, the Secretary of the Interior, the Secretary of 
    Defense, the Administrator of the General Services Administration, 
    the Mayor, the Chairman of the Council of the District of Columbia, 
    and the chairmen of the Committees on the District of Columbia of 
    the Senate and the House of Representatives, or such alternates as 
    each such person may from time to time designate to serve in his 
    stead, and in addition,
        (2) five citizens with experience in city or regional planning, 
    three of whom shall be appointed by the President and two of whom 
    shall be appointed by the Mayor. The citizen members appointed by 
    the Mayor shall be bona fide residents of the District of Columbia 
    and of the three appointed by the President at least one shall be a 
    bona fide resident of Virginia and at least one shall be a bona fide 
    resident of Maryland. The terms of office of the members appointed 
    by the President shall be for six years, except that of the members 
    first appointed, the President shall designate one to serve two 
    years and one to serve four years. Members appointed by the Mayor 
    shall serve for four years. The members first appointed under this 
    section shall assume their office on January 2, 1975. Any person 
    appointed to fill a vacancy shall be appointed only for the 
    unexpired term of the member whom he shall succeed. The citizen 
    members shall each receive compensation at the rate of $100 for each 
    day such member is engaged in the actual performance of duties 
    vested in the Commission in addition to reimbursement for necessary 
    expenses incurred by them in the performance of such duties.

(c) Chairman; officers; Director and other personnel; employment of city 
        planners, architects, etc.; compensation

    The President shall designate the Chairman of the Commission and the 
Commission may elect from among its members such other officers as it 
deems desirable. The Commission is authorized to employ a Director, an 
executive officer, and such other technical and administrative personnel 
as it may deem necessary. Further, without regard to section 5 of title 
41, the civil service and classification laws, or section 3109 of title 
5, the Commission may employ, by contract or otherwise, the temporary or 
intermittent (not in excess of one year) services of city planners, 
architects, engineers, appraisers, and other experts or organizations 
thereof, as may be necessary to carry out its functions, and in any such 
case the rate of compensation shall be fixed by the Commission so as not 
to exceed the rate usual for similar services.

(d) Advisory and coordinating committees; participation by 
        representatives of planning and developmental agencies

    The Commission may establish, with the consent of each agency 
concerned as to its representation, such advisory and coordinating 
committees composed of representatives of such agencies of the Federal 
and District of Columbia Governments as may be necessary or helpful to 
obtain the maximum amount of cooperation and correlation of effort among 
the various agencies of such Governments, in order that the National 
Capital may be developed in accordance with the comprehensive plan. As 
it may deem appropriate, the Commission may invite representatives of 
the planning and developmental agencies of the environs to participate 
in the work of such committees.

(e) General scope of functions

    As hereinafter more specifically described in sections 71c to 71g of 
this title, it shall be among the principal duties of the Commission to 
(1) prepare, adopt, and amend a comprehensive plan for the Federal 
activities in the National Capital and make related recommendations to 
the appropriate developmental agencies; (2) serve as the central 
planning agency for the Federal Government within the National Capital 
region, and in such capacity to review their development programs in 
order to advise as to consistency with the comprehensive plan; and (3) 
be the representative of the Federal and District Governments for 
collaboration with the Regional Planning Council, as hereinafter 
provided.

(June 6, 1924, ch. 270, Sec. 2, as added July 19, 1952, ch. 949, Sec. 1, 
66 Stat. 782; amended Pub. L. 87-683, Sept. 25, 1962, 76 Stat. 575; 1967 
Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 
951; Pub. L. 93-198, title II, Sec. 203(a), (b), title IV, Secs. 401, 
421, Dec. 24, 1973, 87 Stat. 779, 782, 785, 789.)

                       References in Text

    The civil service laws, referred to in subsec. (c), are set forth in 
Title 5, Government Organization and Employees. See, particularly, 
section 3301 et seq. of Title 5.
    The classification laws, referred to in subsec. (c), are classified 
generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III 
(Sec. 5331 et seq.) of chapter 53 of Title 5.
    Section 71e of this title, included within the reference in subsec. 
(e) to sections 71c to 71g of this title, was repealed by Pub. L. 93-
198, title II, Sec. 203(e), Dec. 24, 1973, 87 Stat. 782.

                          Codification

    In subsec. (c), ``section 3109 of title 5'' substituted for 
``section 15 of Act of August 2, 1946 (5 U.S.C. 55a)'' on authority of 
Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first 
section of which enacted Title 5, Government Organization and Employees.
    Section is also set out in D.C. Code, Sec. 1-2002.


                            Prior Provisions

    Provisions relating to the general powers and duties of the National 
Capital Park and Planning Commission, to which the National Capital 
Planning Commission succeeded under the provisions of section 71h of 
this title, were contained in section 71 of this title prior to 
amendment by act July 19, 1952.


                               Amendments

    1973--Subsec. (a). Pub. L. 93-198, Sec. 203(a), incorporated 
existing subsec. (a) text in provisions designated as par. (1), made the 
Commission the central Federal planning agency only for the Federal 
Government in the National Capital, except certain areas from the 
Commission's jurisdiction, and added pars. (2) to (4).
    Subsec. (b)(1). Pub. L. 93-198, Sec. 203(a), substituted as members 
ex officio: Secretary of the Interior, Secretary of Defense, 
Administrator of General Services Administration, Commissioner, Chairman 
of District of Columbia Council for former such members: Chief of 
Engineers of Army, Engineer Commissioner of District of Columbia, 
Director of National Park Service, Commissioner of Public Buildings, 
Federal Highway Administrator, and Administrator of National Capital 
Transportation Agency, and substituted provision for designation of 
alternates for service in stead of any official for former such 
provision applicable only to committees on the District of Columbia of 
the Senate and the House of Representatives.
    Subsec. (b)(2). Pub. L. 93-198, Sec. 203(a), substituted provisions 
for: citizen members with experience in planning for former provision 
for such membership from eminent citizens well qualified and experienced 
in planning; appointment by President of three members, including one 
each for Virginia and Maryland, for six year terms, including initial 
appointments for two and four year terms, and by Commissioner of two 
members from the District for four year terms for former provision for 
such appointment by President, including two members from the District 
or the environs, including one appointee from three nominees of 
Commissioner of the District, for six year terms; compensation of $100 
per each day of actual service and necessary expenses for former 
provision for a per diem allowance and travel costs; provided for 
assumption of office by first appointees on Jan. 2, 1975; and deleted 
provisions respecting: waiver of professional requirements of District 
appointees of demonstrated capacity for leadership in planning and 
development of the District, service of unexpired terms of appointive 
members of National Capital Park and Planning Commission as members of 
National Capital Planning Commission, and expiration of initial 
appointments on Apr. 30, 1953, 1954, 1955, 1956, and 1957, and every six 
years after such appointments.
    Subsec. (e)(1). Pub. L. 93-198, Sec. 203(b)(1), substituted 
``Federal activities in the National Capital'' for ``National Capital''.
    Subsec. (e)(2). Pub. L. 93-198, Sec. 203(b)(2), substituted 
``Government'' for ``and District Governments,''.
    1962--Subsec. (b)(1). Pub. L. 87-683 inserted ``the Administrator of 
the National Capital Transportation Agency,'' before ``the chairmen of 
the committees''.

                          Transfer of Functions

    Office of Commissioner of District of Columbia, as established by 
Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 
93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced 
by office of Mayor of District of Columbia by section 421 of Pub. L. 93-
198, classified to section 1-241 of the District of Columbia Code. 
Accordingly, ``Mayor'' substituted in text for ``commissioner''.
    ``Council of the District of Columbia'' substituted in text for 
``District of Columbia Council'' pursuant to section 401 of Pub. L. 93-
198. District of Columbia Council, as established by Reorg. Plan No. 3 
of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title 
VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 
of the District of Columbia Code, and replaced by Council of District of 
Columbia, as provided by section 401 of Pub. L. 93-198, classified to 
section 1-221 of the District of Columbia Code.
    Previously, reference to the Board of Commissioners of the District 
of Columbia had been changed to the Commissioner of the District of 
Columbia pursuant to section 401 of Reorganization Plan No. 3 of 1967, 
32 F.R. 11669, which transferred the functions of the Board of 
Commissioners, including functions of the President of the Board and all 
functions of each other member of the Board, including the executive 
power vested therein, to the Commissioner of the District of Columbia, 
except as provided by other sections of the Reorganization Plan. For 
provisions establishing the office of Commissioner of the District of 
Columbia and abolishing the Board of Commissioners, see sections 301 and 
503 of the Plan, set out in the Appendix to Title 5, Government 
Organization and Employees.

           Abolition of Committees on the District of Columbia

    Committee on the District of Columbia of Senate abolished and its 
jurisdiction given to Committee on Governmental Affairs of Senate, 
effective Feb. 11, 1977. See Rules XXV of Standing Rules of Senate, as 
amended by Senate Resolution 4 (popularly cited as the ``Committee 
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
    Committee on the District of Columbia of House of Representatives 
abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 
4, 1995. References to Committee on the District of Columbia treated as 
referring to Committee on Government Reform and Oversight of House of 
Representatives, see section 1(b) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress. Committee on Government 
Reform and Oversight of House of Representatives changed to Committee on 
Government Reform of House of Representatives by House Resolution No. 5, 
One Hundred Sixth Congress, Jan. 6, 1999.

                          Abolition of Council

    National Capital Regional Planning Council abolished by Reorg. Plan 
No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out 
as a note under section 71b of this title.


                   Termination of Advisory Committees

    Advisory committees in existence on Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period following Jan. 5, 1973, 
unless, in the case of a committee established by the President or an 
officer of the Federal Government, such committee is renewed by 
appropriate action prior to the expiration of such 2-year period, or in 
the case of a committee established by the Congress, its duration is 
otherwise provided by law. Advisory committees established after Jan. 5, 
1973, to terminate not later than the expiration of the 2-year period 
beginning on the date of their establishment, unless, in the case of a 
committee established by the President or an officer of the Federal 
Government, such committee is renewed by appropriate action prior to the 
expiration of such 2-year period, or in the case of a committee 
established by the Congress, its duration is otherwise provided by law. 
See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in 
the Appendix to Title 5, Government Organization and Employees.


                   Geographic Information System Fees

    Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1589, provided in 
part: ``That beginning in fiscal year 1998 and thereafter, the 
Commission is authorized to charge fees to cover the full costs of 
Geographic Information System products and services supplied by the 
Commission, and such fees shall be credited to this account as an 
offsetting collection, to remain available until expended.''


                               Definitions

    The definitions in section 1-202 of the District of Columbia Code 
apply to this section as amended by Pub. L. 93-198.

                  Section Referred to in Other Sections

    This section is referred to in sections 71, 71i, 72, 72a, 136 of 
this title.
